Arrest during pendancy of anticipatory bail

The offences under which he is charged are 420 465 467 468 and 471....

yes , the police officer can arrest and there is not any binding by any court for any kind u stay of the arrest due to filing of anticipatory bail..

Yes, a police officer can arrest even without warrant in the case mentioned by u.

Pendancy of anticipatory bail application is nothing to do with the arrest.  

Another thing is even after grant of anticipatory bail, a police officer can arrest the accused but he must be released after production of sureties.

Yes police officer can arrest the accused during the pendency of an AB application before the court.

Just because a bail petition/AB has been filed does not mean that you are free, until there is an Order passed by the Court either AB/Regular bail, as such Police can arrest the offenders.

Usually as soon as you apply for AB, and simultaneously inform concerned Police station, the Police are bound to submit their REport. 

As Police are unable to sbumit the Report immediately, the Court Order for NO ARREST for 48 hrs, pending Police Report. , During that period, Police cannot arrest, pending AB. 

After Police REport, it is the Court to decide to grant AB or NOt. . 

Adv Shroff

23-12-2011

9892432152

Unless there is a stay on arrest, Police Officer is empowere to arrest an accused even the pendency of the AB application.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

i agree with mr. shonee kappor , there is nothing as such required for reporting anything by police.

I obtain Stay , pending Police Report , from Sessions court, Mumbai. Pending AB Appliation. 

I delivered copy of ABA at Andheri P.S. by my man, and received Fax of acknowledgement by P.S. Andheri,

I attached service to P.S. this Fax, moved ABA & Cort immediately Order NO ARRST 48 HRS , pending Police Report. 

Final Order takes time , as hearing of PP etc, but interim Say is granted pendng ABA

ANBYBODY INTERESED TO RAD ORDER, I WILL FAX IT. 

But Mr. Shroff.

The moot point is that unless there is a stay, police can arrest.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

IN THE COURT OF THE SESSIONS JUDGE

 AT MUMBAI

ANTICIPATORY BAIL APPL. NO.          OF   2007.

Shri   Jain                                                  … Applicant.

Age  years,  Occupation : Business

residing at Flat No.  Mira Road  (East)

Dist.: Thane –401 107,

V/s

The State of Maharashtra                                      … Respondent

At the instance of  D.N.Nagar  Police Station

Andheri (West) Mumbai – 400 0587.

An application under section 438 of

Cr. P.C. for grant of Anticipatory Bail

My Dear Shonee, 

The interim Order passed immediately on presentation of ABA , and a hearing for few minutes in absence of Police , but in pr of PP, amounts to stay only. 

It is a Sessions Court Order to concerned Police Station to file their Say, and cannot arrest until further date, or further order, or 48 hrs, to file Police Report/ Say on the ABA. 

This is usual Practice here, to meet end of justice immediately. 

Otherwise, it does not serve the purpose of ABA. 

Yes, in rare cases of Theft  [In our Diamond Market cases]  etc, that Court do not pass even interim relief of 48 hrs, and Police can arrest the accused there and then , as his Remand is necessary to find stolen muddemal, and investigation by P{olice on urgent basis.  

It is absolutely necessary for Applicant to be physically present in Court, and reply any query raised by presiding Judge. 

Only on his convincing, that he passes this Interim Stay. [n whole of Mumbai, only a dozen Applications are allowed. 

Normally, For Final  ABA Order, selected Advocate charges 5-10L per case, 2-4L per hearing of 5 mts, and everything is managed in Advance, and 90% of their cases only get favorable Orders.  Face value.

Adv Shroff

24-12-2011

You seem to agree with me Mr. Shroff, just using more words.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com